Minnesota Session Laws - 1993, Regular Session

  
    Laws of Minnesota 1993 

                        CHAPTER 240-S.F.No. 207 
           An act relating to occupations and professions; boards 
          of social work and marriage and family therapy; 
          providing for data classifications; changing board 
          membership; adding certain licensing requirements to 
          the board of social work; amending Minnesota Statutes 
          1992, sections 13.99, subdivision 49; 148B.04, by 
          adding a subdivision; 148B.08, subdivision 1; 148B.18, 
          subdivisions 8 and 10; 148B.19, subdivisions 1 and 2; 
          148B.21, subdivisions 3, 4, 5, 6, and by adding a 
          subdivision; 148B.26, subdivision 1; 148B.27, by 
          adding a subdivision; and 148B.28, subdivision 2. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1992, section 13.99, 
subdivision 49, is amended to read: 
    Subd. 49.  [CLIENT, LICENSEE, AND REPORTING OF VIOLATIONS 
RECORDS OBTAINED BY BOARDS ON MENTAL HEALTH AND SOCIAL WORK.] 
Client records obtained by a board conducting an investigation 
under chapter 148B are classified by section 148B.09.  Certain 
licensing data and data in reports of violations under chapter 
148B are classified by sections 148B.04 and 148B.08. 
    Sec. 2.  Minnesota Statutes 1992, section 148B.04, is 
amended by adding a subdivision to read: 
    Subd. 6.  [CLASSIFICATION OF CERTAIN RESIDENCE ADDRESSES 
AND TELEPHONE NUMBERS.] Notwithstanding section 13.41, 
subdivision 2 or 4, the residence address and telephone number 
of an applicant or licensee are private data on individuals as 
defined in section 13.02, subdivision 12, if the applicant or 
licensee provides an alternative address and telephone number. 
    Sec. 3.  Minnesota Statutes 1992, section 148B.08, 
subdivision 1, is amended to read: 
    Subdivision 1.  [REPORTING.] Any person, health care 
facility, business, or organization is immune from civil 
liability or criminal prosecution for submitting in good faith a 
report under section 148B.07 or for otherwise reporting 
violations or alleged violations of this chapter.  All The 
reports are confidential classified under section 13.41.  
    Sec. 4.  Minnesota Statutes 1992, section 148B.18, 
subdivision 8, is amended to read: 
    Subd. 8.  [PRIVATE PRACTICE.] "Private practice" means 
social work practice conducted by an individual a licensee 
practicing within the permissible scope of a license, as defined 
in subdivision 11, and under appropriate supervision, as defined 
in subdivisions 11 and 12, who is either self-employed, or a 
member of a partnership or of a group practice, rather than 
being employed by an agency, clinic, or other similar entity. 
    Sec. 5.  Minnesota Statutes 1992, section 148B.18, 
subdivision 10, is amended to read: 
    Subd. 10.  [QUALIFIED MENTAL HEALTH PROFESSIONAL.] 
"Qualified mental health professional" means a psychiatrist, 
board-certified or eligible for board certification, and 
licensed under chapter 147; a psychologist licensed under 
sections 148.88 to 148.98; an independent clinical social worker 
who has the qualifications in section 148B.21, subdivision 6; a 
psychiatric registered nurse with a master's degree from an 
accredited school of nursing, licensed under section 148.211, 
with at least two years of post-master's supervised experience 
in direct clinical practice; or a marriage and family therapist 
who is licensed under sections 148B.29 to 148B.39; or an 
equivalent mental health professional, as determined by the 
board, who is licensed or certified by a board or agency in 
another state or territory. 
    Sec. 6.  Minnesota Statutes 1992, section 148B.19, 
subdivision 1, is amended to read: 
    Subdivision 1.  [CREATION.] The board of social work is 
created.  The board consists of ten 11 members appointed by the 
governor.  The members are: 
    (1) six eight social workers licensed under sections 
148B.18 to 148B.28; and 
    (2) three public members as defined in section 214.02; and 
    (3) one school social worker licensed by the board of 
teaching. 
    Sec. 7.  Minnesota Statutes 1992, section 148B.19, 
subdivision 2, is amended to read: 
    Subd. 2.  [QUALIFICATIONS OF BOARD MEMBERS.] The six eight 
social worker members of the board shall be as follows:  two 
licensed independent clinical social workers, two licensed 
independent social workers, and two four licensed social workers.
    Social worker members shall represent be engaged in the 
practice of social work in Minnesota in the following employment 
settings: 
    (1) two members one member shall be public agency social 
workers engaged in the practice of social work in a state 
agency; 
    (2) one member shall be engaged in the practice of social 
work in a county agency; 
    (3) two members shall be engaged in the practice of social 
work in a private agency social workers; 
    (3) (4) one member shall be engaged in the practice of 
social work in a private practice clinical social work setting; 
    (4) (5) one member shall be an educator engaged in regular 
teaching duties at an accredited program of social work; and 
    (5) (6) one member shall be engaged in the practice of 
social work in an elementary, middle, or secondary school, as 
defined in section 120.05, and licensed by the board of 
teaching; and 
     (7) one member shall be employed in a hospital or nursing 
home licensed under chapter 144 or 144A. 
    In addition, at least two three members shall be persons of 
color and at least four members shall reside outside of the 
seven-county metropolitan area. 
    Sec. 8.  Minnesota Statutes 1992, section 148B.21, 
subdivision 3, is amended to read: 
    Subd. 3.  [SOCIAL WORKER.] To be licensed as a social 
worker, an applicant must provide evidence satisfactory to the 
board that the applicant: 
    (1) has received a baccalaureate degree from an accredited 
program of social work; 
    (2) has passed the examination provided for in section 
148B.20, subdivision 1; 
    (3) will engage in social work practice only under 
supervision as defined in section 148B.18, subdivision 12, for 
at least two years in full-time employment or 4,000 hours of 
part-time employment; and 
    (4) will conduct all professional activities as a social 
worker in accordance with standards for professional conduct 
established by the rules of the board; and 
    (5) has not engaged in conduct warranting a disciplinary 
action against a licensee.  If the applicant has engaged in 
conduct warranting disciplinary action against a licensee, the 
board may issue a license only on the applicant's showing that 
the public will be protected through the issuance of a license 
with conditions or limitations approved by the board. 
    Sec. 9.  Minnesota Statutes 1992, section 148B.21, 
subdivision 4, is amended to read: 
    Subd. 4.  [GRADUATE SOCIAL WORKER.] To be licensed as a 
graduate social worker, an applicant must provide evidence 
satisfactory to the board that the applicant: 
    (1) has received a master's degree from an accredited 
program of social work or doctoral degree in social work; 
    (2) has passed the examination provided for in section 
148B.20, subdivision 1; 
    (3) will engage in social work practice only under 
supervision as defined in section 148B.18, subdivision 12; and 
    (4) will conduct all professional activities as a graduate 
social worker in accordance with standards for professional 
conduct established by the rules of the board; and 
    (5) has not engaged in conduct warranting a disciplinary 
action against a licensee.  If the applicant has engaged in 
conduct warranting disciplinary action against a licensee, the 
board may issue a license only on the applicant's showing that 
the public will be protected through the issuance of a license 
with conditions or limitations approved by the board. 
    Sec. 10.  Minnesota Statutes 1992, section 148B.21, 
subdivision 5, is amended to read: 
    Subd. 5.  [INDEPENDENT SOCIAL WORKER.] To be licensed as an 
independent social worker, an applicant must provide evidence 
satisfactory to the board that the applicant: 
    (1) has received a master's degree from an accredited 
program of social work or doctoral degree in social work; 
    (2) has passed the examination provided for in section 
148B.20, subdivision 1; 
    (3) has practiced social work for at least two years in 
full-time employment or 4,000 hours of part-time employment 
under supervision as defined in section 148B.18, subdivision 12, 
after receiving the master's or doctoral degree in social 
work; and 
    (4) will conduct all professional activities as an 
independent social worker in accordance with standards for 
professional conduct established by the rules of the board; and 
    (5) has not engaged in conduct warranting a disciplinary 
action against a licensee.  If the applicant has engaged in 
conduct warranting disciplinary action against a licensee, the 
board may issue a license only on the applicant's showing that 
the public will be protected through the issuance of a license 
with conditions or limitations approved by the board. 
    Sec. 11.  Minnesota Statutes 1992, section 148B.21, 
subdivision 6, is amended to read: 
    Subd. 6.  [INDEPENDENT CLINICAL SOCIAL WORKER.] To be 
licensed as an independent clinical social worker, an applicant 
must provide evidence satisfactory to the board that the 
applicant: 
    (1) has received a master's degree from an accredited 
program of social work, or doctoral degree in social work, that 
included an advanced concentration of clinically oriented course 
work as defined by the board and a supervised clinical field 
placement at the graduate level, or post-master's clinical 
training that is found by the board to be equivalent to that 
course work and field placement; 
    (2) has practiced clinical social work for at least two 
years in full-time employment or 4,000 hours of part-time 
employment under supervision as defined in section 148B.18, 
subdivision 12, after receiving the master's or doctoral degree 
in social work; 
    (3) has passed the examination provided for in section 
148B.20, subdivision 1; and 
    (4) will conduct all professional activities as an 
independent clinical social worker in accordance with standards 
for professional conduct established by the rules of the board; 
and 
    (5) has not engaged in conduct warranting a disciplinary 
action against a licensee.  If the applicant has engaged in 
conduct warranting disciplinary action against a licensee, the 
board may issue a license only on the applicant's showing that 
the public will be protected through the issuance of a license 
with conditions or limitations approved by the board. 
    Sec. 12.  Minnesota Statutes 1992, section 148B.21, is 
amended by adding a subdivision to read: 
    Subd. 9.  [SUPERVISION REQUIREMENT.] If supervised social 
work practice is required for licensure under this section, and 
if the applicant has not engaged in the practice of social work 
during the five years preceding the applicant's application for 
licensure, then the board may grant a conditional license to the 
applicant that would require that the applicant obtain 
additional social work supervision or additional continuing 
education hours, or both, within a specified time period after 
licensure.  The board shall establish rules to implement this 
section. 
    Sec. 13.  Minnesota Statutes 1992, section 148B.26, 
subdivision 1, is amended to read: 
    Subdivision 1.  [GROUNDS.] The board may refuse to renew or 
to grant a license to, or may suspend, revoke, or restrict the 
license of an individual whom the board, after a hearing under 
the contested case provisions of chapter 14, determines:  
    (1) is incompetent to engage in social work practice, or is 
found to be engaged in social work practice in a manner harmful 
or dangerous to a client or to the public, or is found to have 
engaged in unprofessional conduct, as established by statute, 
rule, or a consensus of expert social work opinion as reasonably 
necessary for the protection of the public interest; 
    (2) has violated the rules of the board or, the statutes 
the board is empowered to enforce, or any other law that is 
related to the practice of social work; 
    (3) has obtained or attempted to obtain a license or 
license renewal by bribery or fraudulent representation; or 
    (4) has knowingly made a false statement on a form required 
by the board for licensing or license renewal.  
    Sec. 14.  Minnesota Statutes 1992, section 148B.27, is 
amended by adding a subdivision to read: 
    Subd. 2a.  [JURISDICTION.] Nothing in sections 148B.60 to 
148B.72 shall prohibit the board from taking disciplinary or 
other action that the board is authorized to take against either 
a licensee who is found to be practicing outside the scope of 
the license or a person who is found to be engaging in the 
unauthorized practice of social work. 
    Sec. 15.  Minnesota Statutes 1992, section 148B.28, 
subdivision 2, is amended to read: 
    Subd. 2.  [STUDENTS.] Nothing in sections 148B.18 to 
148B.28 shall be construed to prevent students enrolled in An 
internship, externship, or any other social work experience that 
is required for the completion of an accredited program of 
social work to engage in does not constitute the practice of 
social work under this chapter. 
     Sec. 16.  [EFFECTIVE DATE.] 
    Section 2 is effective the day following final enactment. 
    Presented to the governor May 14, 1993 
    Signed by the governor May 17, 1993, 4:43 p.m.